Wednesday, October 28, 2009

Advisory Appointments to Airport Board

I AM NOT A LAWYER (thank God), but it is arguable that the appointments are not valid, if not illegal. The statute controlling the authority does not provide any advisory positions, nor a way for the members to appoint more than one position, nor for the membership to exceed 5 positions. Also, the boundaries of the special district are the same as the boundaries of Bay County, although the district can own property in other counties with their consent (this is necessary to locate ground-based navigation aids for instrument approaches in Washington County).

There is also language that says the authority can do almost anything business-wise to fulfill its public purpose, so it is essentially free to do anything not constrained by a court. For example, the district spent $millions designing its project on land it did not own at a time when its boundaries were confined to the present airport and Lynn Haven Industrial Park. It also pledged land it did not own as 50% share of FDOT grants, after inflating the "projects" to obtain 100% of the actual cost as a 50/50 grant.

The legislature has not exerted any oversight on the authority, and the only recourse for objection is the courts, wherein a plantiff can spend its own money while the authority uses grant money. It also leads to strange consequences like the Florida FDOT granting funds for the authority to pay fines to the Florida FDEP. That means asterisque has very little leverage, but does not mean he is "jumping" anywhere. From his posts I would guess he follows the issue as closely as anybody, and will enjoy flying Southwest too. This is about "process" and public responsibility, not blind obstruction.

in reference to:

"I AM NOT A LAWYER (thank God), but it is arguable that the appointments are not valid, if not illegal. The statute controlling the authority does not provide any advisory positions, nor a way for the members to appoint more than one position, nor for the membership to exceed 5 positions. Also, the boundaries of the special district are the same as the boundaries of Bay County, although the district can own property in other counties with their consent (this is necessary to locate ground-based navigation aids for instrument approaches in Washington County).There is also language that says the authority can do almost anything business-wise to fulfill its public purpose, so it is essentially free to do anything not constrained by a court. For example, the district spent $millions designing its project on land it did not own at a time when its boundaries were confined to the present airport and Lynn Haven Industrial Park. It also pledged land it did not own as 50% share of FDOT grants, after inflating the "projects" to obtain 100% of the actual cost as a 50/50 grant.The legislature has not exerted any oversight on the authority, and the only recourse for objection is the courts, wherein a plantiff can spend its own money while the authority uses grant money. It also leads to strange consequences like the Florida FDOT granting funds for the authority to pay fines to the Florida FDEP. That means asterisque has very little leverage, but does not mean he is "jumping" anywhere. From his posts I would guess he follows the issue as closely as anybody, and will enjoy flying Southwest too. This is about "process" and public responsibility, not blind obstruction."- Moving on to the next doomed project - CAZ - The News Herald (view on Google Sidewiki)